PEOPLE v. ADAMS (2026)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Tyrone ADAMS, Defendant–Appellant.

7139

Decided: October 06, 2026

Mendez, J.P., Rodriguez, Pitt–Burke, Rosado, O'Neill Levy, JJ.

Caprice R. Jenerson, Office of the Appellate Defender, New York (Ronald Zapata of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Mary McGarvey–Depuy of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Raymond L. Bruce, J.), rendered April 27, 2022, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree, and sentencing him to a term of probation of five years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of striking the condition of probation requiring him to pay $375 in surcharge and fess as a condition of his probation, and otherwise affirmed, without costs.

The condition of probation requiring defendant to pay the surcharge and fees imposed at sentencing will not assist in ensuring that he leads a law-abiding life and is not reasonably related to his rehabilitation (see People v. Percy, 234 AD3d 619, 620 [1st Dept 2025] ). Although this issue is unpreserved (see People v. Brazeal, ––– NY3d ––––, 2026 NY Slip Op 03910, *5 [2026] ), we review it in the interest of justice. Accordingly, that condition is stricken and the People do not oppose this relief.

Despite the invalid waiver of the right to appeal, we perceive no basis for reducing the sentence.

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